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Bombay High CourtAPPA/38/2019allowed

Pankaj Seeds Thr. Its Prop. Jugalkishor S/O. Harnarayan Laddha v. Rajendra S/O. Radheshyam Chechani

2019-11-26Hon'Ble Shri Justice V.M. Deshpande1 pages

appa38.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINIAL APPLICATION (APPA) NO. 38/2019 Pankaj Seeds, thr. Proprietor Jugalkishore s/o H. Laddha .vs. Rajendra s/o Radheshyam Chechani _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. R. D. Hajare, Advocate for applicant.

Mr. A. Kalmegh, Advocate for non applicant.

CORAM : V. M. DESHPANDE, J.

DATED : NOVEMBER 26, 2019 This is an application for condonation of delay in filing appeal against acquittal.

Heard Mr. Hajare, learned counsel for applicant and Mr. Kalmegh, learned counsel for non applicant.

The delay is of 205 days. Reasons for delay are stated in paragraph 2 of the application. The application is on affidavit coupled with medical report.

Though reply is not filed by non applicant, learned counsel for non applicant has vehemently opposed the application. After hearing the learned counsel for parties, I am of the view that applicant has made out a case for condonation of delay. Hence, I pass the following order.

ORDER

(i) The application is allowed.

(ii) Delay of 205 days in lodging appeal is hereby condoned. Office is directed to register the appeal and place it for admission. The application is disposed of.

JUDGE kahale